MUKARRAM AND ANOTHER Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal under Section 374(2) of Criminal Procedure Code (hereinafter referred to as "Cr.P.C.") has been filed by two appellants, namely, Mukarram and Nirpal, against judgment and order dated 31.01.1991 passed by Sri Yad Ram, Special Additional Sessions Judge, Saharanpur in Session Trial No. 184 of 1989, convicting accused-appellants under Section 302 read with Section 34 IPC and sentencing them to undergo for life imprisonment.

(2.) Factual matrix of case emanating from First Information Report (Exhibit-Ka 1) (hereinafter referred to as "FIR") and evidence adduced before Trial Court is that on 19.01.1988 informant PW-1, Mange Ram was going to Barauli alongwith PW-2, Janeshwar of village Bahadurpur and his brother-in-law (Bahnoi), Amar Singh, resident of Village Saurana, Ram Nath and Shri Pal, both residents of Village Saurana in connection with consultation for marriage of informant's sister. They reached at about 3.00 pm on Barauli crossing and after taking tea, proceeded towards Village Kalasiya. Hardly they covered some distance, when Appellant-2, Nirpal resident of Village Saurana alongwith his accomplice, Appellant-1, Mukarram, resident of Village Shekhpura Kadim and one unknown person came on Motorcycle from the side of Kalasiya. They stopped the Motorcycle near informant. All the three accused took out countrymade pistol and caught hold Amar Singh, saying that he poses himself to be smart litigant (Mukadmebaaz) and today they would settle the score. Saying this, all the three accused opened fire at Amar Singh as a result whereof, he fell down facing his mouth towards ground and died instantly at the spot. Informant and other persons accompanying him tried to catch them but they threatened waiving countrymade pistols and fled away towards Kalasiya on Motorcycle. There had been a long-standing litigation and enmity between Nirpal and Amar Singh (brother-in-law of informant), wherein Nirpal had also been convicted. FIR further says that on account of this enmity, Nirpal and Mukarram alongwith his accomplice have committed murder of Amar Singh (brother-in-law of informant).

(3.) On submission of FIR at Police Station Behat, District Saharanpur case was registered as Case Crime No. 15 of 1988 under Section 302 IPC on 19.01.1988 at 4.30 pm. Distance of Police Station from place of occurrence was about 10 kilometers. After registration of FIR usual investigation followed. Investigating Officer (hereinafter referred to as "I.O.") visited spot, collected blood stained and simple earth in separate boxes and sealed them (marked as Exhibit-Ka 8 and Ka 9 respectively). He also prepared Exhibit Ka-3 inquest report (Panchayatnama), Exhibit-Ka 4, photo lash and other formal documents (Exhibits Ka 5 to Ka 7). Dead body of deceased was properly sealed and sent to District Hospital, Saharanpur through Constables, Pratap Singh and Anuj Tyagi for post-mortem.